Highlights
– Supreme Court rules in favor of indigenous community
– Military claims a threat to national security
– Additional clashes remain a distinct possibility in the near to medium-term
On March 19, 2009 the Brazilian Supreme Court reaffirmed indigenous control of the 4.2 million-acre Raposa Serra do Sol reservation. The ruling mandates that small groups of non-indigenous rice farmers be evicted from the territory. We believe resistance by the farmers against the ruling could result in further clashes in the near to medium-term.
A New Statute
Raposa Serra do Sol was established by President Luiz Inacio Lula da Silva in 2005 and currently sustains up to 20,000 Amazon Indians. The vote to maintain the territory was decided by 10 to 1 in the Supreme Court. Supporters argued the ruling is a reconfirmation of land rights granted to Brazil’s indigenous in the 1988 constitution.
Supreme Court House president, Gilmer Mendes, highlighted the ruling should be interpreted as a precedent for Indian land rights for further “cases of demarcation.” She further hoped it would change the tides of government neglect of the indigenous community often left to defend itself from big business and development.
Opposition
Land disputes between Indians, farmers and mining operations have plagued the country since the 1970’s.
Military opposition leaders argue the ruling would create an autonomous Indian reservation spanning a large section of Brazil’s northern border, creating a national security threat. To meet those concerns, the court imposed 19 conditions in the vote that guarantee police and military access to the territory. The most controversial are the following:
• The state may build infrastructure projects found to be in the national interest on indigenous lands without the prior and informed consent of the indigenous communities.
• The state may prevent indigenous communities from regaining lands they occupied prior to 1988.
The ruling, however, made sure to clarify that indigenous lands along national borders do not constitute a threat to national security.
The decision also comes as a disappointment to leading Roraima politicians who backed many of the large-scale rice farmers with plantations on the reserve, many of whom are now facing eviction. Mining, timber and agriculture businesses argue the decision is an obstacle to progress.
Many Indians, who petitioned for their towns to be excluded from the reserve, were outraged by the decision, arguing they did not want to be secluded from modernity and “doing business with the white man.”
Potential Conflict
While the ruling solidifies indigenous rights, critics argue it does nothing to prevent violent outbreak over land development in the future. Land disputes have resulted in numerous violent clashes, including an incident in May 2008 where several Indians were shot.
Representatives from the the Roraima Rice Growers Association argued, “There is no peaceful solution.” Police in Roraima increased security near the reservation. Official reports indicate the situation is calm and there were no demonstrations relating to the Court’s decision.
Outlook
The government of Brazil has allocated 12 percent of its territory as reserves for native groups. We believe disputes surrounding these lands will continue. For the near-term, we believe the Indians are satsified with their victory. If farmers attempt demonstrations, continued clashes between the groups could result in military interference.
We assess Human and Environmental Rights groups will continue to play a large role in supporting the rights of indigenous populations in Brazil in the long-term. This will keep the special interest group as a priority for the Brazilian government.
